Companies with venture capital investors have the potential to disrupt industries and grow exponentially; however, such companies may eventually face difficulties executing their growth plans and securing successive funding. This chapter explores the key considerations and strategic options for venture-backed companies when they are faced with financial distress.

This chapter is divided into three sections. First, this chapter discusses the common features of a venture capital-backed company and the types of debt facilities available to such companies. Second, this chapter sets forth certain key considerations for a venture-backed company in distressed situations, including strategic considerations concerning the company's lenders. Last, this chapter introduces the in-court process, including: the circumstances under which a bankruptcy court restructuring may be preferable for a venture-backed company, common challenges facing venture-backed companies under a bankruptcy process and the alternatives to a formal bankruptcy process, most notably, an assignment for the benefit of creditors.

The chapter appears in the second edition of The Directors' and Officers' Guide to Restructuring.

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